North Dakota Answer to a Complaint
North Dakota gives you 21 calendar days after you are served to answer a complaint under N.D. R. Civ. P. 12(a). Miss it and the plaintiff can take a default.
Introduction
A North Dakota Answer to a Complaint is the written response you serve and file after you are handed a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. North Dakota runs an unusual serve-before-file practice. Under N.D. R. Civ. P. 12(a)(1)(A) you must serve your answer within 21 calendar days after you are served with the summons and complaint, and that clock often starts before the case is ever filed with the court. The 21 days are counted under N.D. R. Civ. P. 6(a), which counts every day, including Saturdays, Sundays, and legal holidays, and rolls only the last day forward if it lands on a weekend or holiday. There is no general fill-in-the-blank form you must use; the North Dakota Courts publish an Answer to a Civil Action fillable PDF you can adapt, or you type the answer on a compliant caption under N.D. R. Civ. P. 10(a) and file it with the clerk of the District Court named in the summons. Miss the deadline and the plaintiff can take a default judgment under N.D. R. Civ. P. 55(a). DocDraft drafts a North Dakota-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline is 21 calendar days from service, not from filing. Under N.D. R. Civ. P. 12(a)(1)(A) you must serve your answer within 21 days after you are served with the summons and complaint, and in North Dakota that service often happens before the case is filed with the court.
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Every day counts toward the 21. Under N.D. R. Civ. P. 6(a) you count every calendar day, including Saturdays, Sundays, and legal holidays, and only the last day rolls forward if it falls on a weekend or legal holiday.
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There is no required statewide answer form. The North Dakota Courts publish an Answer to a Civil Action fillable PDF you can adapt, or you type the answer on paper using a compliant caption under N.D. R. Civ. P. 10(a), then file with the clerk of the District Court named in the summons.
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Small claims is not a written-answer deadline. In Small Claims Court, which handles claims up to $15,000, you must return the served form within 20 days under N.D.C.C. 27-08.1-02 to request a hearing or elect removal to District Court; a written answer is optional and, if filed, is due no later than 48 hours before the hearing.
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An eviction case has no separate written answer deadline. In an eviction (unlawful detainer), the summons sets your appearance date, which by statute may be no fewer than 3 nor more than 15 days from the date the summons is issued under N.D.C.C. 47-32-02, and you appear at that hearing rather than file a written answer.
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There is a fee to file, with a waiver. The fee to file your answer is $100. If you cannot afford it, you can file a Petition for Waiver of Filing Fees (Form 1) with a Financial Affidavit in Support (Form 2) based on your income or expenses.
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A related claim is compulsory. Under N.D. R. Civ. P. 13(a) any claim you have against the plaintiff that arises out of the same transaction or occurrence must be stated as a counterclaim with your answer, and the statute of limitations on a written contract is six years under N.D.C.C. 28-01-16.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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North Dakota Requirements for Answer to a Complaint
In a general civil case you must serve your answer within 21 calendar days after you are served with the summons and complaint, under N.D. R. Civ. P. 12(a)(1)(A), and in North Dakota that clock often starts before the case is filed. Under N.D. R. Civ. P. 6(a) you count every day and roll only the last day forward if it falls on a weekend or legal holiday.
There is no required statewide answer form. You can adapt the North Dakota Courts' Answer to a Civil Action fillable PDF, or type the answer on paper using a caption that complies with N.D. R. Civ. P. 10(a). The answer must admit or deny the allegations and state the defenses you rely on.
Caption the answer for the District Court in the county named in the summons, North Dakota's unified trial court for civil cases above $15,000. Include the case number, the parties' names, the judicial district, and the title Defendant's Answer to Complaint, under N.D. R. Civ. P. 10(a).
File your answer with the clerk of the District Court in the county named in the summons. Self-represented litigants are exempt from mandatory e-filing under N.D. R. Ct. 3.5(a)(4) and may file in person, by mail, or through a third-party commercial carrier.
Under N.D. R. Civ. P. 5, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail or personal service, then file proof of service. In North Dakota you commonly serve your answer on the plaintiff before the case is filed with the court.
The fee to file your answer is $100. If you cannot afford it, file a Petition for Waiver of Filing Fees (Form 1) with a Financial Affidavit in Support (Form 2), based on your inability to afford the required filing fees given your income or expenses.
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, res judicata, estoppel, or waiver. The statute of limitations on a written contract is six years under N.D.C.C. 28-01-16.
Under N.D. R. Civ. P. 13(a), a claim you have against the plaintiff that arises out of the same transaction or occurrence is compulsory and must be stated as a counterclaim when you serve your answer, or you can lose the right to bring it later.
Frequently Asked Questions
In a general civil case, N.D. R. Civ. P. 12(a)(1)(A) requires you to serve your answer within 21 calendar days after you are served with the summons and complaint, and in North Dakota that clock often starts before the case is filed with the court. The 21 days are counted under N.D. R. Civ. P. 6(a), which counts every day and rolls only the last day forward if it lands on a weekend or holiday. Other tracks differ. In small claims you must return the served form within 20 days under N.D.C.C. 27-08.1-02, and in an eviction the summons sets an appearance date 3 to 15 days out rather than a written answer deadline. Missing your deadline can lead to a default judgment.
North Dakota does not require a single statewide answer form. The North Dakota Courts publish an Answer to a Civil Action fillable PDF you can adapt, or you can type your answer on paper using a caption that complies with N.D. R. Civ. P. 10(a). The answer should admit or deny the complaint's allegations, state any affirmative defenses you rely on, and include a counterclaim if you have a related claim against the plaintiff.
You file your answer with the clerk of the District Court in the county named in the summons, North Dakota's unified trial court for civil cases above $15,000. Self-represented litigants are exempt from mandatory e-filing under N.D. R. Ct. 3.5(a)(4) and may file in person, by mail, or through a commercial carrier. You also serve a copy on the plaintiff or the plaintiff's attorney under N.D. R. Civ. P. 5 and then file proof of service.
The fee to file your answer in North Dakota is $100. If you cannot afford it, you can ask the court to waive the fee by filing a Petition for Waiver of Filing Fees (Form 1) together with a Financial Affidavit in Support (Form 2). Eligibility is based on your inability to afford the required filing fees given your income or expenses.
Under N.D. R. Civ. P. 55(a), if you fail to plead or otherwise appear, the court may direct the clerk to enter a default judgment against you. You may be able to set it aside by filing a Motion for Relief from a Judgment or Order under N.D. R. Civ. P. 60(b), filed within a reasonable time and not more than one year after notice of entry, by showing mistake, inadvertence, surprise, or excusable neglect. The reliable path is to serve and file on time.
Yes, and you may be required to. Under N.D. R. Civ. P. 13(a), any claim you have against the plaintiff that arises out of the same transaction or occurrence as the plaintiff's claim must be stated as a counterclaim at the time you serve your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim.